commit acts endangering national security." Writ of habeas corpus A writ of habeas corpus is a writ issued by a court and has binding effect. The right to request a writ of habeas corpus has its origin in the principle of presumption of innocence. The writ of habeas corpus is to protect individual freedom from arbitrary detention or arrest. The High Court Ordinance, Section 22(A), gives clear guidance on the application for and issue of writs of habeas corpus: The law does not limit the right to request a writ of habeas corpus to only the accused; some other people can request it on their behalf. Choosing the right court Categories of crime In Hong Kong, illegal activities are classified into three categories: Powers of trial courts In Hong Kong, the trial of a criminal offence can take place in one of the three kinds of courts: Prosecutor's decision In Hong Kong, written rules and laws explicitly define each trial court's rights, powers, responsibilities, and limitations. However, the uniqueness of each criminal case makes it difficult to decide which court a case should be tried. This is especially true for either-way cases. However, since the prosecutor is the one who institutes the prosecution and the proceeding, it makes the prosecutor have the right to choose which court an either-way case should be tried. Consequently, it also indirectly makes the prosecutor have the right to decide the maximum punishment of any given cases. Summary proceeding Beginning the process In Hong Kong, every criminal case begins at a magistrate's court, regardless of its severity and complexity. But, under the spirit of separation of powers, a magistrate, being part of the judicial branch, has no right to actively start a criminal prosecution and must wait for someone to bring up a complaint before him or her. Thus, the Secretary for Justice must bring a complaint or case before a magistrates' court. The Secretary for Justice can do that by issuing one of the three types of documents: Notice of prosecution The notice of prosecution must contain information about the accused's name, address, the details of the crime (including time and location), and the related consequences (punishment). After the prosecutor files the notice of prosecution to the court, the prosecutor must mail a copy of the notice to the accused following the detailed guidance provided in Section 7D(1) of the Magistrates Ordinance. Along with